|
The following cases give an illustrative example of the issues and disputes that we successfully handle for our clients everyday.
United States District Court, E.D. Louisiana
OTTO CANDIES, LLC
v.
UNITED STATES OF AMERICA
288 F. Supp. 2d 730
May 28, 2003
As Amended June 12, 2003
This was the clumination of more than ten years of work defending a corporate client from a tax assessment by the Internal Revenue Service. The case involved an assertion by the IRS that the company was subject to accumulated earnings taxes, as well as related penalties and interest. The Federal District Court held that: (1) capital accumulations for fleet replacement, project funding, working capital, and shareholder redemption in accordance with stock redemption agreements constituted reasonably anticipated needs of the business, and therefore were not subject to accumulated earnings tax, and (2) evidence established that tax avoidance was not a motive for taxpayers' capital accumulations. In a nearly seventy-five page opinion, the court adopted nearly every argument made on behalf of our client.
Court of Appeal of Louisiana, Fourth Circuit
HASPEL & DAVIS MILLING & PLANTING CO., LTD., et al.
v.
BOARD OF LEVEE COMMISSIONERS OF the ORLEANS LEVEE DISTRICT.
732 So. 2d 113
March 31, 1999
Writ Denied June 18, 1999
This historical case deals with the return of commercial and private land that was expropriated by the state in 1924. Baldwin Haspel's representation in this case resulted in a thirty three million dollar judgment against the Orleans Levee District for the return of the mineral royalties along with the land in question. This litigation started in 1984 and has resulted in the return of land and royalties to hundreds of families in Plaquemines Parish, several state constitutional amendments, and several new legal precedents designed to protect land owners in future expropriation proceedings.
Court of Appeal of Louisiana, Fourth Circuit
Marilyn SPITZFADEN, et al.
v.
DOW CORNING CORPORATION, et al.
619 So. 2d 795
May 28, 1993
Writ Denied Sept. 24, 1993
This national products liability class-action lawsuit began in Orleans Parish and centered on the dispute regarding silicone breast implants. Baldwin Haspel's representation involved the successful defense of one of the largest corporations involved in the dispute and the eventual de-certification of the class. The outcome involved a reasonable settlement in the heart of one of the most plaintiff friendly jurisdictions in the country.
| 
